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2011 Supreme(Ker) 580

V.K.MOHANAN
P. M. Shameer – Appellant
Versus
State of Kerala, Represented by Public Prosecutor – Respondent


Advocate Appeared:
For the Petitioners:S. Prasun, Paul Mathew (Perumpillil), Advocates.
For the Respondent: V. Tek Chand, Public Prosecutor.

JUDGMENT :-

Though the above two revision petitions are filed by different persons challenging different orders passed by different courts and though the facts and circumstances involved are different, as the orders impugned are issued under Section 457 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) and as the question of law and facts involved are identical, the above revision petitions are heard together and being disposed of by this common order.

2. Crl.R.P.No.1171 of 2011 is directed against the order dated 4.4.2011 in CMP No.1627 of 2011 (in O.R.No.4 of 2011 of the Kollengode Forest Range) of the court of the Judicial First Class Magistrate, Chittur under Section 457 of Cr.P.C. by which the prayer of the petitioner, who is an accused and R.C. owner of the vehicle bearing registration No.K.L.05/X 6336 involved in the above case was rejected. As per the said order, though the learned Magistrate is of the opinion that the said court has ample power to order release of the vehicle under Section 457 of the Cr.P.C., but having regard to the particular facts and circumstances involved in the case, more particularly when the petitioner himself is allegedly involved in the



























































































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